The FDA is set to retract a proposed rule aimed at mandatory testing for toxic asbestos in talc-based cosmetics. This issue raises serious health concerns, particularly in light of its links to cancer.
Talc is commonly found in various products, including cosmetics, food items, medications, and personal care essentials. Health Secretary Robert F. Kennedy Jr., leading the “Make America Healthy Again” (MAHA) movement, signed this controversial order.
One of the movement’s primary goals, which helped propel Donald Trump into office, is to eradicate toxins like asbestos from food, medication, and personal care items. This step has alarmed health activists.
“Nothing harms public health more than allowing cancer-causing substances in cosmetics,” stated Scott Faber, vice-president of government affairs at the Environmental Working Group. Their advocacy for stricter talc regulations underscores the urgency of this matter. “It’s perplexing why we would revoke a rule that simply mandates companies to test for asbestos,” he added.
While the FDA has not released a formal announcement regarding this decision, it did note in a legal filing that it received comments about possible “unintended consequences” affecting drug manufacturers, suggesting that some pharmaceutical companies opposed testing requirements.
The FDA’s notice indicates, “Good cause exists to withdraw the proposed rule at this time.”
Asbestos, a naturally occurring mineral, has been widely recognized for its capacity to make products resistant to heat, fire, and electricity. However, no amount of exposure has been deemed safe, leading to its ban in over 50 countries. Studies attribute roughly 40,000 annual deaths to this known carcinogen.
According to Faber, cosmetic companies were aware since the 1950s that talc could potentially be tainted with asbestos, yet the public was not informed during the early 1970s. Despite this knowledge, companies persuaded the FDA to accept testing methods that only detect some, not all, asbestos fibers.
Several talc-based cosmetics, including baby powder—which had disproportionately higher usage among Black women—have frequently showcased asbestos contamination. Personal care giant Johnson & Johnson ceased US sales of talc-based baby powder in 2020 amid escalating public scrutiny and nearly 38,000 lawsuits.
The corporation has reportedly paid billions in settlements and proposed an additional $6.5 billion settlement for a class lawsuit claiming they knowingly harmed consumers. Recently, approximately 3,000 women in the UK initiated legal action against Johnson & Johnson, asserting that the company poisoned them.
Despite its high toxicity and the evident risks involved, regulating asbestos has proven exceptionally challenging. An initial ban by the EPA in 1989 was swiftly overturned by a court, and subsequent efforts to impose similar regulations have consistently faltered over the years.
Last year, the Biden administration’s EPA proposed a ban that was finalized. However, the Trump administration previously aimed to withdraw it, only to reverse that decision in July.
Incorporating testing for talc-based cosmetics, the Cosmetics Modernization Act of 2022 emerged. The Biden administration began implementing this rule, yet the current administration is now taking steps to dismantle it.
In its announcement, the FDA indicated it is acting on MAHA’s priorities, highlighting the need for a thoughtful approach. “We are withdrawing the proposed rule to reconsider efficient means of addressing asbestos exposure issues. Our aim is to make sure standardized testing methods for detecting asbestos in talc-containing cosmetics genuinely protect consumers from harmful exposure,” the notice stated.
Faber lamented, “It’s unfortunate that someone who has dedicated much of his career to fighting cancer is now taking this stance.”
